Fault

Question 1

What is the first part of fault?

Answer 1

Fault is used to describe the idea of culpability, blameworthiness, and responsibility to the person committing the offence.

Question 2

What does the OED say?

Answer 2

OED defines fault as ‘something wrongly done, mistake or culpability’.

Question 3

What the legal system based on?

Answer 3

The UK legal system is based on fault, meaning D’s liability is based on a degree of fault. This is constant throughout the law.

Question 4

What is fault a marker of?

Answer 4

Fault is a marker of blame, this means it justifies impositions of penalties, sanctions and compensation.

Question 5

Tort law and fault?

Answer 5

The law of tort is based on fault. so C can claim against D. Based on notion of individual responsibility- D must take responsibility for the consequences of their actions.

Question 6

Should civil liability be based on fault?

Answer 6

No:
1) Vicarious liability.
2) Businesses are forced to accept higher standards of care, with no fault liabilities.
3) Individuals must take responsibility for their own actions.

Question 7

Should civil liability be based on fault?

Answer 7

Yes:
1) Vicarious liability - Busses cannot overtake (LIMPUS) and cannot carry children (ROSES V PLENTY)
2) Unfair to impose liability on body, unless body has done something wrong.
3) No fault liability cannot be justified just to provide compensation to injured people.